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In the business world, ensuring the protection of workers’ rights and providing safe working conditions is of great importance. The ability of workers to receive compensation for their labor and the protection of worker compensation rights support the healthy conduct of employment relationships and contribute to the increase of societal welfare. Severance pay also stands out among these rights.
Severance pay in Turkey is a type of right or payment that should be provided to the worker in the event of the termination of the employment relationship. Worker compensation rights can arise in various situations and generally aim to protect the rights of the worker according to the law. Worker compensation rights are regulated and determined by labor law and relevant legislation.
Worker compensation rights in Turkey serve as a mechanism to protect the rights of employees in the termination of employment relationships or in certain circumstances. However, the right to severance pay does not arise in every situation, and specific conditions specified in the law must be met for these rights to be accrued. Even in cases of dismissal, the conditions specified in labor law must be met for the right to severance pay to arise.
Article 19 of the Labor Law No. 4857 – The employer is obliged to make the termination notice in writing and to clearly and precisely specify the reason for termination. An indefinite-term employment contract of an employee cannot be terminated due to reasons related to the employee’s behavior or performance without first obtaining the employee’s defense against the allegations. However, the employer’s right to terminate in accordance with the conditions stipulated in subparagraph (II) of Article 25 is reserved.
The termination of an employee’s employment can lead to the accrual of workmen compensation in Turkey, but not every instance of termination requires the accrual of redundancy payment rights. Fulfilling the conditions specified in labor law is necessary for the accrual of redundancy payment rights. For instance, to be eligible for workmen compensation in Turkey, the employee must have worked with the same employer for a certain period of time, and the conditions determined by labor law according to the reasons for termination must be met.
In the event of termination, if the necessary conditions specified in labor law are not met, the right to worker compensation rights in Turkey may not accrue. It is important for the employer to terminate the employee in accordance with the law and to protect the employee’s compensation rights in Turkey.
Even in cases where termination does not occur, there are certain instances specified in labor law where the employee may have workers compensation rights in Turkey. For example, if an employee suffers harm as a result of workplace accidents or occupational diseases, compensation may need to be paid to the employee. Additionally, in cases where the employer fails to provide the employee with working conditions in accordance with the law or engages in mobbing against the employee, the employee may have the right to compensation.
In summary, the employee’s compensation rights in Turkey are an important mechanism for protecting their rights in the event of the termination of employment or in certain circumstances. However, fulfilling the conditions specified in labor law is necessary for these rights to accrue. Even in cases of termination, the conditions specified in labor law must be met. In this case, it is important to get support from a worker compensation lawyer in Turkey.
Worker compensation rights in Turkey generally refer to payments made when an employee leaves their job or is terminated by the employer, and are regulated among the rights of terminated workers. Redundancy payment is calculated and paid based on specific regulations such as labor laws or employment contracts. The amount of redundancy payment can vary depending on the employee’s length of service, performance at the workplace, and the reason for departure.
On the other hand, worker’s claims represent the payments the worker is entitled to receive from the employer in exchange for their services. Worker’s claims typically include payments such as wages earned and owed during the period of employment, bonuses, overtime pay, and payments for accrued leave. Worker’s claims are calculated and paid based on the conditions set forth in labor laws and employment contracts.
Differences between redundancy payment and worker’s claims:
When determining the type of termination compensation to be claimed, it is important to get support from a worker compensation lawyer in Turkey.
The conditions for receiving workmen compensation in Turkey in the private sector are subject to certain rules. Workers must meet certain conditions under the Labor Law to be eligible for redundancy payment.
The conditions for receiving compensation in the private sector may vary depending on the circumstances under which the employment contract is terminated and the terms thereof. Compliance with the conditions for receiving redundancy payment stipulated in the Labor Law is required. Failure to meet these conditions may result in workers being unable to obtain dismissal compensation in turkey or experiencing deficiencies in this right.
Therefore, it is important for workers to pay attention to the relevant articles of the labor law during the processes related to the termination of their employment contracts. The conditions for receiving compensation in the private sector are summarized as follows:
To answer the question of how many years of work are required to receive workmen compensation in Turkey from the workplace, it is necessary to differentiate between severance pay and notice pay.
In Turkey, an employee is entitled to severance pay if they have worked in the workplace for at least one year. If the employee has worked for more than one year, they are entitled to severance pay.
There is no predetermined mandatory period of work for notice pay in Turkey. Notice pay arises when the employment contract is terminated or when the employee exercises the right to immediate termination for just cause. If the notice period is not granted to the employee, the employee is entitled to notice pay.
Another answer to the question of how many years of work are required to receive workmen compensation in Turkey from the workplace is the accrual of severance pay due to retirement. Employees who have reached a certain number of premium days and years of service according to the Social Security and General Health Insurance Law may request severance pay.
The conditions for severance pay due to retirement vary depending on the employee’s length of service and premium payment status. For example:
The employee does not have to complete premium days at the same workplace; what matters is meeting the specified conditions. Employees who meet these conditions can receive severance pay from their employers.
The conditions for receiving dismissal compensation in Turkey when voluntarily leaving a job depend on the reason for the resignation and the working conditions.
When an employee wishes to leave their job voluntarily, they typically submit a resignation letter. However, the compensation rights of the person who resigns, concerning the post-resignation work process, depend on the reason for the resignation. If an employee resigns for a justifiable reason, they may receive severance pay. However, if the employee resigns voluntarily without a justifiable reason, they generally cannot claim any workmen compensation in Turkey. The conditions for receiving compensation when voluntarily leaving a job depend on complying with the reasons for termination stipulated in the Labor Law.
If an employee who resigns does not comply with the notice period and leaves the job without a valid reason, the employer may be required to pay notice pay upon the employer’s request.
In summary, the conditions for worker compensation rights in Turkey when voluntarily leaving a job vary depending on the reason for resignation and compliance with labor law rules. It is important for the employee to understand their rights during the resignation process and, if necessary, seek support from a Labor Law Attorney.
Notice periods for terminating employment refer to the predetermined notification period for terminating an employment contract. When either the employee or the employer wishes to terminate the employment contract, they must provide notice to the other party in accordance with this period. Notice periods for terminating employment are determined to protect the rights of both the employee and the employer and to ensure the orderly termination of the employment relationship.
The characteristics of notice periods for terminating employment are as follows:
Notice periods for terminating employment are essential to ensure a fair termination process in employment relationships and to prevent disputes between parties.
According to Article 17 of the Labor Law, notice periods vary depending on the length of time the employee has worked. As the duration of employment increases, the notice period that the employer must give to the employee also increases. The notice periods determined based on the duration of employment are as follows:
If the employer fails to comply with the notice period determined based on the employee’s length of service, they are obliged to pay notice pay in Turkey to the employee. This notice pay covers the wage amount up to the duration of the notice period determined based on the employee’s length of service.
Notice pay in Turkey is a compensation that an employee is entitled to when their employment contract is violated by the employer. If the employer terminates the employment contract without meeting certain conditions or if the employee terminates the contract without a valid reason, the employee can obtain notice pay in Turkey.
If an employee leaves their job without adhering to a specified notice period, and the employer does not pay appropriate notice pay in Turkey, the employee can request notice pay. Similarly, if the employer terminates the employee without adhering to a specified notice period, the employee is entitled to compensation equivalent to that notice period.
The answer to when notice pay is earned in Turkey is when the employee’s exit from employment is given, at which point the entitlement to severance pay arises. If notice periods are not applied, notice pay in Turkey becomes due upon the employee’s wrongful termination.
Notice pay in Turkey is a compensation that must be paid when either the employee or the employer terminates the employment contract without adhering to the notice periods. According to Articles 4 and 5 of Article 17 of the Labor Law, the party not complying with the notice periods is obliged to pay compensation equivalent to the notice periods in terms of wage amount.
The notice pay in Turkey to be paid by the employer to the employee must be paid immediately after the employee’s departure. If the employer wishes to terminate the employment contract by paying workmen compensation in Turkey instead of providing notice, the employer must pay this compensation to the employee at the time of departure.
This arrangement allows the employee to leave their job promptly and enables the employer to terminate the employee quickly. Additionally, it is important for notice pay in Turkey to be paid immediately to compensate for the employee’s financial losses.
Severance pay in Turkey is a termination compensation, calculated at the rate of 30 days of gross salary for each full year the employee has worked in the workplace. If the employee’s duration of employment exceeds one year, the additional periods are included in the calculation of severance pay in Turkey.
Here’s how severance pay in Turkey is calculated:
In conclusion, the calculation of severance pay in Turkey depends on the employee’s length of service, the most recent gross salary received, and the severance pay ceiling.
Severance pay is the most important among the worker compensation rights in Turkey, including the rights earned by the employee during their tenure in the workplace. When calculating severance pay in Turkey, not only the base salary but also other payments made to the employee should be taken into account. Payments that should and should not be considered in the calculation of severance pay are as follows:
Payments to be Considered in the Calculation of Severance Pay in Turkey:
Payments Not Considered in the Calculation of Severance Pay in Turkey:
Other considerations in severance pay calculation include:
The eligibility conditions for seniority pay in Turkey are specified in the Labor Law. The conditions for an employee to be eligible for severance pay are as follows:
For an employee to be eligible for seniority pay, the eligibility conditions specified in the Labor Law must be met. In cases where these conditions are not met, the employee cannot claim severance pay in Turkey.
Severance pay is only earned by fulfilling the eligibility conditions specified in the Labor Law. How is severance pay, considered as termination compensation, obtained?
For an employee to be entitled to severance pay, the termination of the employment contract must occur due to one of the limited circumstances specified in the Labor Law. This termination can occur either by terminating the employment contract based on one of the conditions specified by the employee or the employer, or in the event of the employee’s death.
Whether the employment contract is for a fixed or indefinite period does not matter for the accrual of seniority pay. What matters is that one of the eligibility conditions specified in the Labor Law has been met.
If an employee is absent from work for three (3) consecutive business days or a total of five (5) business days in a month due to illness or disability caused by the employee’s own intent or irregular lifestyle, or if the employee is determined to have an incurable illness by the Health Board, the employee may be entitled to severance pay if other conditions are also met.
However, if the employer terminates the employment contract without notice for a period exceeding the notification periods specified in Article 17 of Law No. 4857 during the employee’s illness, accident, childbirth, or pregnancy, the right to severance pay arises. In the case of childbirth and pregnancy, this period begins from the expiration of Article 74 of Law No. 4857.
If there is a compelling reason that prevents the employee from working in the workplace for more than one week, the employee may be entitled to severance pay if the employer terminates the employment contract, subject to other conditions being met. As long as the compelling reason continues, the employee always has the right to terminate the contract.
If the employer terminates the employment contract based on Article 17 of Law No. 4857, the employee is entitled to severance pay as termination compensation. If the employer terminates the employment contract in compliance with the notification periods or in advance, the employer is obligated to pay redundancy payment to the employee.
If the nature of the work covered by the employment contract poses a risk to the employee’s health or life due to health reasons, the employee has the right to terminate the employment contract immediately. Additionally, if the employee contracts a contagious disease or a disease incompatible with their work due to close contact with the employer or another employee, the employee also has the right to terminate the employment contract immediately. In these cases, the employee is entitled to dismissal compensation in Turkey.
If the employer provides false information during the employment contract, deceives the employee, makes remarks that offend honor and dignity, engages in sexual harassment, insults the employee, incites the employee to commit a crime, makes baseless allegations that damage the employee’s reputation, or fails to take necessary measures when the employee faces sexual harassment, the employee has the right to terminate the employment contract before its expiration or without waiting for the notice period. In this case, the employee is entitled to workmen compensation in Turkey as termination compensation.
If compelling reasons arise that necessitate the cessation of work at the workplace for more than one week, such as earthquakes, fires, or the government taking over the workplace, the employee has the right to terminate the employment contract.
The Labor Law stipulates worker compensation rights for employees resigning due to compulsory military service. Whether the compulsory military service period is long or short does not affect the entitlement to severance pay in Turkey. Short-term military service obligations are considered equivalent to compulsory military service. Furthermore, whether the compulsory military service occurred before or after the establishment of the employment contract has no effect on the calculation of the seniority pay for the credited military service.
However, if an employee is mobilized for reasons other than compulsory military service, their contract is suspended and therefore redundancy payment is not paid. However, if the specified suspension period in the law elapses, the contract is considered terminated by the employer, and in this case, the employee is entitled to termination compensation.
The Labor Law stipulates that if an employee terminates their employment contract to receive old-age, retirement, or disability pension or lump sum payment from the institution or funds established by law, they are entitled to workmen compensation in Turkey. However, if an employee resigns to receive income or pension from privately held insurance or funds, they are considered to have resigned, and therefore, they are not entitled to worker compensation rights.
For the employee to be entitled to redundancy payment, it is not sufficient for them to terminate the employment contract; they must also prove that they are entitled to old-age, retirement, or disability pension or lump sum payment and have applied for it. This document should prove the application made to the relevant social security institution.
In the event of the death of an employee who has worked for at least one year under the labor law, their legal heirs are entitled to worker compensation rights. Whether the employee’s death occurs at the workplace or outside of it, and regardless of whether it is due to their own fault, it does not affect the payment of severance pay in Turkey.
The limitation period for severance pay is regulated as 5 years in the law. With the amendment dated October 12, 2017, the limitation period for severance pay, which was previously 10 years, was reduced to 5 years with an additional article to the Labor Law, and external regulations were made regarding the limitation periods, which are currently in effect.
However, considering the time elapsed after the amendment, it will be assumed that there is exclusively a 5-year limitation period for severance pay today. The starting point of the limitation period for severance pay is the date on which the employment contract is terminated in a way that qualifies for severance pay. It can be said that the right to claim is time-barred after 5 years have passed from this date.
Resignation is one of the grounds for terminating an employment contract, and there are certain elements of a valid resignation. Resignation is a unilateral legal act and becomes valid when the resignation letter reaches the employer. If the reason for resignation is stated in the petition, the employee is bound by this reason, and the reason for resignation cannot be changed later.
However, conditional resignations have no validity. Even if an employee resigns suddenly, if the condition in the conditional resignation is accepted by the employer, this should be evaluated not as a resignation but as a mutual termination agreement. Unlike resignation, mutual termination is a termination agreement between the employee and the employer.
The Court of Cassation emphasizes that even in the case of sudden resignation, a comparison should be made between the actual reason relied upon by the employee and the reason stated in the resignation petition. In the decisions given, it is stated that the court should investigate whether the employee’s departure is justified and decide accordingly. For example, it is accepted that it is not a normal behavior for a person who has acquired certain rights based on their length of service in the workplace to waive these rights by resigning.
It is possible for an employment contract to be terminated by the employer or the employee for different reasons. However, for the employee to be entitled to termination compensation, there must be a justifiable and valid reason when terminating the employment contract. Even if an employee resigns based on a justifiable reason, they can still be entitled to workmen compensation in Turkey even if they resign suddenly. Therefore, it is important for the employee to know which situations can be considered as justifiable reasons.
There are some situations in which the employee can not receive termination compensation even if they resign suddenly:
Employees should consider the above situations when deciding to resign suddenly and evaluate their rights correctly.
Resignation does nullify entitlement to severance pay. However, if there are resignation letters obtained under duress or subject to conditions, employees can still receive workmen compensation in Turkey. However, specific conditions must be met for this to be valid.
Considering these circumstances, it’s important for employees to carefully approach resignation letters and, if necessary, seek legal assistance from a worker compensation lawyer in Turkey to protect their rights.
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